2003 JAPAN LAW: PRISON REFORM
Keywords: Prison Law, Prison Reform
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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A criminal case started in early 2003 against eight  prison guards accused in abusing in 2002 two prisoners, one of which died in the Nagoya Prison. In November the family of the deceased as well  as 3 former inmates of the same prison filed suit seeking 233.5 million yen from 12 prison guards as well as the state for assaults on the prisoners by the guards. This was the first such case ever filed in Japan. During a recent ten year period, 80 prisoners out of 260 who died, died of unknown causes. As a result of the Nagoya case, the Ministry has decided to go back and investigate the 80 cases. Interestingly, during the 8 year period up to 2002, 120 inmates died in the Nagoya Prison, 93 died in the Fuchu Prison and only 46 died in the Osaka Prison. Of course those figures would require as well figures on total prison population before assumptions can be made.

The Ministry of Justice has promised reform. Under the existing Prison Law, which is nearly a century old, there is no appeal procedure for prisoners but for appealing directly to the Minster of Justice. But it appears to be totally ignored. In two recent years 250 complaints were made about abuse of prisoners, but not one guard was ever disciplined. This is an area the Ministry intends to improve, making it easier for prisoners to seek help.